Question to the Ministry of Justice:

To ask His Majesty's Government whether every person who has served a prison sentence as a result of a wrongful conviction is eligible for financial compensation.

Individuals who have had their conviction quashed in an out of time appeal following a qualifying miscarriage of justice are eligible to apply for compensation through the Miscarriage of Justice Application Service (MOJAS). S.133 of the Criminal Justice Act 1988 sets out the circumstances in which the Government will provide compensation under this scheme. Under subsection 1ZA, compensation will only be awarded if the conviction has been overturned as a result of a new or newly discovered fact that shows beyond reasonable doubt that the person did not commit the offence.

MOJAS compensation is just one route by which someone whose conviction is quashed can receive compensation, with other options including making a civil claim based on malicious prosecution or misfeasance in a public office, for example.

The Miscarriage of Justice Support Service which is part of Citizens Advice and funded by HM Prison and Probation Service, also provides support to all individuals who have had their conviction quashed by the Court of Appeal. They are able to support with accessing accommodation, benefits and signposting to psychological support.